Assassination of American Citizens on Secret Kill List
Outside the U.S. government, President Obama’s order to kill American citizen Anwar al-Awlaki without due process has proved controversial, with experts in law and war reaching different conclusions. Inside the Obama Administration, however, disagreement was apparently absent, or so say anonymous sources quoted by the Washington Post.
…Obama hasn’t just set a new precedent about killing Americans without due process. He has done so in a way that deliberately shields from public view the precise nature of the important precedent he has set. It’s time for the president who promised to create “a White House that’s more transparent and accountable than anything we’ve seen before” to release the DOJ memo.
When it comes to national security, Michael V. Haydenis no shrinking violet. As CIA [and NSA] director, he ran the Bush administration’s program of warrantless wiretaps against suspected terrorists.
But the retired [four star] air force general admits to being a little squeamish about the Obama administration’s expanding use of pilotless drones to kill suspected terrorists around the world — including, occasionally, U.S. citizens.
“Right now, there isn’t a government on the planet that agrees with our legal rationale for these operations, except for Afghanistan and maybe Israel,” Hayden told me recently.
As an example of the problem, he cites the example of Anwar Awlaki, the New Mexico-born member of Al Qaeda who was killed by a U.S. drone in Yemen last September. “We needed a court order to eavesdrop on him,” Hayden notes, “but we didn’t need a court order to kill him. Isn’t that something?”
Hayden isn’t the only one who has qualms about the “targeted killing” program. The chairman of the Senate Intelligence Committee, Sen. Dianne Feinstein (D-Calif.), has been pressing the administration to explain its rules for months.
-LA Times Opinion by Doyle McManus
Whether or not al-Awlaki was affiliated with al Qaeda or committed any crime deserving of the death penalty does not matter. What matters is that we’ll never know whether he was guilty without a trial. Instead of a trial, charges that were never ruled upon were used as justification for assassinating him. What just might be worse is that Obama also independently killed this man’s teenage son:
The Atlantic… has posted a video of an exchange from a few days ago involving former Obama press secretary (and current Obama campaign adviser) Robert Gibbs, who was asked about the death of Abdulrahman al-Awlaki, the 16-year old son of the late radical cleric Anwar al-Awlaki. Like his father, the younger al-Awlaki was killed in a drone strike in Yemen. “I would suggest that you should have a far more responsible father if they are truly concerned about the well being of their children,” Gibbs said, suggesting the son somehow deserved his death because of the sins of the father…
the al-Awlakis were not killed together—Abdulrahman was killed weeks later in a subsequent drone strike, and as Esquire’s Tom Junod wrote, he hadn’t seen his father in two years. That Gibbs appears to believe they were killed together changes the meaning a little bit, since it suggests he wasn’t aware that he was justifying Abdulrahman’s death weeks after the fact.
…the US government has never provided any evidence that the younger al-Awlaki was a terrorist or played an operational role in Al Qaeda, and it’s an elementary moral precept that children are not responsible for the sins of their parents. It’s one thing to argue that killing Anwar al-Awlaki was justified because of evidence he was part of Al Qaeda in the Arabian Peninsula, (although one does not simply lose the constitutional right to due process as a US citizen by being abroad); it’s another to justify the killing of a teenager based on decisions made by his father.
It’s worth contrasting Gibbs’ response with that of an anonymous administration official quoted in the Washington Post’s recently published profile of White House counterterrorism adviser… According to the Post, the official called the younger al-Awlaki’s death “an outrageous mistake…”
Perhaps it’s too much to expect an admission of error from a political spokesperson. But no one forced Gibbs to justify Abdulrahman al-Awlaki’s death in such glib and callous terms.
–The Atlantic (emphasis mine)
If you don’t think Obama is personally responsible, consider:
This was the enemy, served up in the latest chart from the intelligence agencies: 15 Qaeda suspects in Yemen with Western ties. The mug shots and brief biographies resembled a high school yearbook layout. Several were Americans. Two were teenagers, including a girl who looked even younger than her 17 years…
Mr. Obama has placed himself at the helm of a top secret “nominations” process to designate terrorists for kill or capture, of which the capture part has become largely theoretical. He had vowed to align the fight against Al Qaeda with American values; the chart, introducing people whose deaths he might soon be asked to order, underscored just what a moral and legal conundrum this could be.
Mr. Obama is the liberal law professor who campaigned against the Iraq war and torture, and then insisted on approving every new name on an expanding “kill list,” poring over terrorist suspects’ biographies on what one official calls the macabre “baseball cards” of an unconventional war. When a rare opportunity for a drone strike at a top terrorist arises — but his family is with him — it is the president who has reserved to himself the final moral calculation.
–NY Times (emphasis mine)
The U.S. Government on Friday asked a federal judge to dismiss a lawsuit over the killing of three American citizens in drone strikes in Yemen earlier this year: alleged Al-Qaeda in the Arabian Peninsula leader Anwar Al-Awlaki, his son Abdulrahman, and alleged AQAP magazine editor Samir Khan.
The administration also threatened to invoke the State Secrets Privilege if the suit is not dismissed on other grounds. The privilege, which 2008 presidential candidate Barack Obama regularly blasted the Bush administration for invoking, allows the government to seek dismissal of a suit if it could expose national security secrets.
–Politico (emphasis mine)
Obama terrorizes innocent Pakistanis on an almost daily basis. The drone war he is waging in North Waziristan isn’t “precise” or “surgical” as he would have Americans believe. It kills hundreds of innocents, including children. And for thousands of more innocents who live in the targeted communities, the drone war makes their lives into a nightmare worthy of dystopian novels. People are always afraid. Women cower in their homes. Children are kept out of school. The stress they endure gives them psychiatric disorders. Men are driven crazy by an inability to sleep as drones buzz overhead 24 hours a day, a deadly strike possible at any moment. At worst, this policy creates more terrorists than it kills; at best , America is ruining the lives of thousands of innocent people and killing hundreds of innocents for a small increase in safety from terrorists. It is a cowardly, immoral, and illegal policy, deliberately cloaked in opportunistic secrecy.
–The Atlantic (emphasis mine)
Since then, under both Bush and Obama, the US has carried out targeted killings (or extrajudicial executions according to UN experts) using conventional aircraft and helicopter strikes; cruise missiles; and even naval bombardments.
Yet the drone remains the US’s preferred method of killing. The Bureau has identified a minimum of 2,800 (and as many as 4,100) killed in covert US drone strikes over the past ten years. What began as an occasional tactic has, over time, morphed into an industrialised killing process.
There was no inevitability to this when the strikes began. Time magazine opined in 2002 that covert drone attacks were ‘unlikely to become a norm.’ And in the early years of the programme this was true. The next covert drone strike took place in Pakistan in June 2004, followed by a further strike 11 months later.
Yet slowly, surely, the United States has come to depend on its drone killing programme. By Obama’s presidency drone use against alleged militants was sometimes daily. Six times more covert strikes have hit Pakistan under Barack Obama than under George W Bush. And as the Bureau’s work shows, when known strikes in Yemen, Somalia and Pakistan are added together, they reveal a growing dependence upon covert drone killings.
Recent reports show that the US is now formalising the drone killing project. Some insiders talk of a decade or more of killing to come, with Mitt Romney noting that he would continue the policy if elected.
For the past three years, Noor Behram has hurried to the site of drone strikes in his native Waziristan. His purpose: to photograph and document the impact of missiles controlled by a joystick thousands of miles away, on US air force bases in Nevada and elsewhere…
Sometimes arriving on the scene just minutes after the explosion, he first has to put his camera aside and start digging through the debris to see if there are any survivors. It’s dangerous, unpleasant work. The drones frequently hit the same place again, a few minutes after the first strike, so looking for the injured is risky. There are other dangers too: militants and locals are suspicious of anyone with a camera. After all, it is a local network of spies working for the CIA that are directing the drone strikes.
But Noor Behram says his painstaking work has uncovered an important – and unreported – truth about the US drone campaign in Pakistan’s tribal region: that far more civilians are being injured or dying than the Americans and Pakistanis admit. The world’s media quickly reports on how many militants were killed in each strike. But reporters don’t go to the spot, relying on unnamed Pakistani intelligence officials. Noor Behram believes you have to go to the spot to figure out whether those killed were really extremists or ordinary people living in Waziristan. And he’s in no doubt.
“For every 10 to 15 people killed, maybe they get one militant,” he said. “I don’t go to count how many Taliban are killed. I go to count how many children, women, innocent people, are killed.”…
According to Noor Behram, the strikes not only kill the innocent but injure untold numbers and radicalise the population. “There are just pieces of flesh lying around after a strike. You can’t find bodies. So the locals pick up the flesh and curse America. They say that America is killing us inside our own country, inside our own homes, and only because we are Muslims.
“The youth in the area surrounding a strike gets crazed. Hatred builds up inside those who have seen a drone attack. The Americans think it is working, but the damage they’re doing is far greater.”
Even when the drones hit the right compound, the force of the blast is such that neighbours’ houses, often made of baked mud, are also demolished, crushing those inside, said Noor Behram. One of the photographs shows a tangle of debris he said were the remains of five houses blitzed together.
The photographs make for difficult viewing and leave no doubt about the destructive power of the Hellfire missiles unleashed: a boy with the top of his head missing, a severed hand, flattened houses, the parents of children killed in a strike. The chassis is all that remains of a car in one photo, another shows the funeral of a seven-year-old child. There are pictures, too, of the cheap rubber flip-flops worn by children and adults, which often survive: signs that life once existed there. A 10-year-old boy’s body, prepared for burial, shows lipstick on him and flowers in his hair – a mother’s last loving touch.
There are photos of burned and battered Qur’ans – but no pictures of women: the conservative culture in Waziristan will not allow Noor Behram to photograph the women, even dead and dismembered. So he makes do with documenting shredded pieces of women’s clothing.
The jagged terrain, the often isolated location of strikes, curfews and the presence of Taliban, all mean that it is a major challenge to get to the site of a drone strike. Noor Behram has managed to reach 60, in both North and South Waziristan, in which he estimates more than 600 people were killed. An exhibition of his work, at London’s Beaconsfield gallery opening on Tuesday, features pictures from 27 different drone strikes. Clive Stafford Smith, head of Reprieve, the campaigning group, has launched a lawsuit along with a Pakistani lawyer, Shahzad Akbar, seeking to bring to justice those responsible for civilian deaths from drones. “I think these pictures are deeply important evidence,” said Stafford Smith. “They put a human face [on the drone strike campaign] that is in marked contrast to what the US is suggesting its operators in Nevada and elsewhere are doing. “They show the reality of ordinary people being killed and losing their homes, not senior al-Qaida members.“…
Sadaullah, a 15-year-old, lost one eye and both legs in a drone strike on 7 September 2009, during the month of Ramadan, near Mir Ali town in North Waziristan. Three family members died, including an uncle who used a wheelchair. It was reported at the time that three Taliban commanders – rather than his three relatives – were killed in the strike….
Sadaullah is one of the victims on whose behalf British human rights lawyer Clive Stafford Smith is to launch a lawsuit against the CIA’s former legal chief, John Rizzo, who approved dozens of drone strikes on Pakistan’s tribal region.
British and Pakistani journalists said Sunday that the C.I.A.’s drone strikes on suspected militants in Pakistan have repeatedly targeted rescuers who responded to the scene of a strike, as well as mourners at subsequent funerals.
The report, by the London-based Bureau of Investigative Journalism, found that at least 50 civilians had been killed in follow-up strikes after they rushed to help those hit by a drone-fired missile. The bureau counted more than 20 other civilians killed in strikes on funerals. The findings were published on the bureau’s Web site and in The Sunday Times of London…
The bureau counted 260 strikes by Predator and Reaper drones since President Obama took office, and it said that 282 to 535 civilians had been “credibly reported” killed in those attacks, including more than 60 children. American officials said that the number was much too high, though they acknowledged that at least several dozen civilians had been killed inadvertently in strikes aimed at militant suspects…
Getting a full picture of the drone campaign is difficult. It is classified as top secret, and Obama administration officials have refused to make public even the much-disputed legal opinions underpinning it…
American officials familiar with the rules governing the strikes and who spoke on the condition of anonymity said that many missiles had been fired at groups of suspected militants who are not on any list.
–NY Times (emphasis mine)
The drone program is deeply unpopular in Pakistan, where the national parliament voted in April to end any authorization for it. This, however, was “a vote that the United States government has simply ignored,” according to Bergen…
The London-based rights organization Reprieve, which with the help of a partner organization in Pakistan facilitated access to some of the people interviewed for the Stanford/NYU study, backed its finding that the drone program causes wider damage than is acknowledged by the U.S. government.
“This shows that drone strikes go much further than simply killing innocent civilians. An entire region is being terrorized by the constant threat of death from the skies,” said Reprieve’s director, Clive Stafford Smith.
“Their way of life is collapsing: kids are too terrified to go to school, adults are afraid to attend weddings, funerals, business meetings, or anything that involves gathering in groups. Yet there is no end in sight, and nowhere the ordinary men, women and children of North West Pakistan can go to feel safe.”
–CNN (emphasis mine)
Domestic Drone Surveillance
In February of this year, Congress passed the FAA Reauthorization Act, with its provision to deploy fleets of drones domestically. Jennifer Lynch, an attorney at the Electronic Frontier Foundation, notes that this followed a major lobbying effort, “a huge push by […] the defense sector” to promote the use of drones in American skies: 30,000 of them are expected to be in use by 2020, some as small as hummingbirds – meaning that you won’t necessarily see them, tracking your meeting with your fellow-activists, with your accountant or your congressman, or filming your cruising the bars or your assignation with your lover, as its video-gathering whirs.
An unclassified US air force document reported by CBS (pdf) news expands on this unprecedented and unconstitutional step – one that formally brings the military into the role of controlling domestic populations on US soil, which is the bright line that separates a democracy from a military oligarchy. (The US constitution allows for the deployment of National Guard units by governors, who are answerable to the people; but this system is intended, as is posse comitatus, to prevent the military from taking action aimed at US citizens domestically.)
The air force document explains that the air force will be overseeing the deployment of its own military surveillance drones within the borders of the US; that it may keep video and other data it collects with these drones for 90 days without a warrant – and will then, retroactively, determine if the material can be retained – which does away for good with the fourth amendment in these cases…
What happens to those images, that audio? “Distribution of domestic imagery” can go to various other government agencies without your consent, and that imagery can, in that case, be distributed to various government agencies; it may also include your most private moments and most personal activities. The authorized “collected information may incidentally include US persons or private property without consent”. Jennifer Lynch of the Electronic Frontier Foundation told CBS..
This document accompanies a major federal push for drone deployment this year in the United States, accompanied by federal policies to encourage law enforcement agencies to obtain and use them locally, as well as by federal support for their commercial deployment. That is to say: now HSBC, Chase, Halliburton etc can have their very own fleets of domestic surveillance drones. The FAA recently established a more efficient process for local police departments to get permits for their own squadrons of drones.
Given the Department of Homeland Security militarization of police departments, once the circle is completed with San Francisco or New York or Chicago local cops having their own drone fleet – and with Chase, HSBC and other banks having hired local police, as I reported here last week – the meshing of military, domestic law enforcement, and commercial interests is absolute.
–Naomi Wolf (emphasis mine)
The article is worth reading in its entirety.
The American Civil Liberties Union asked a federal court Wednesday to force the Obama administration to release legal and intelligence records related to the killing of three U.S. citizens in drone attacks in Yemen last year.
The lawsuit, filed in the U.S. District Court for the Southern District of New York, charged the Justice and Defense departments and the CIA with illegally failing to respond to requests made in October under the Freedom of Information Act (FOIA). It cited public comments made by President Obama, Defense Secretary Leon E. Panetta and other officials in arguing that the government cannot credibly claim a secrecy defense.
–Washington Post (emphasis mine)
Domestic Drone Strikes
A confidential Justice Department memo concludes that the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” — even if there is no intelligence indicating they are engaged in an active plot to attack the U.S.
The 16-page memo, a copy of which was obtained by NBC News, provides new details about the legal reasoning behind one of the Obama administration’s most secretive and controversial polices: its dramatically increased use of drone strikes against al-Qaida suspects abroad, including those aimed at American citizens…
In its first months in office, the Obama administration sought to protect Bush administration officials facing criminal investigation overseas for their involvement in establishing policies the that governed interrogations of detained terrorist suspects. A “confidential” April 17, 2009, cable sent from the US embassy in Madrid to the State Department—one of the 251,287 cables obtained by WikiLeaks—details how the Obama administration, working with Republicans, leaned on Spain to derail this potential prosecution.
The previous month, a Spanish human rights group called the Association for the Dignity of Spanish Prisoners had requested that Spain’s National Court indict six former Bush officials for, as the cable describes it, “creating a legal framework that allegedly permitted torture.” The six were former Attorney General Alberto Gonzales; David Addington, former chief of staff and legal adviser to Vice President Dick Cheney; William Haynes, the Pentagon’s former general counsel; Douglas Feith, former undersecretary of defense for policy; Jay Bybee, former head of the Justice Department’s Office of Legal Counsel; and John Yoo, a former official in the Office of Legal Counsel. The human rights group contended that Spain had a duty to open an investigation under the nation’s “universal jurisdiction” law, which permits its legal system to prosecute overseas human rights crimes involving Spanish citizens and residents. Five Guantanamo detainees, the group maintained, fit that criteria.
–Mother Jones (emphasis mine)
As a presidential candidate, Barack Obama pledged “a top to bottom review of the threats we face and our abilities to confront them.” He promised a sweeping overhaul of the Bush administration’s war on terror, which he criticized for compromising American values.
But FRONTLINE has learned from a former high-ranking CIA official that even before he took office, Obama’s team “signaled” they had no intention of rolling back secret programs begun under the Bush administration.
–PBS (emphasis mine)
Eric Holder’s Justice Department stood up in court today and said that it would continue the Bush policy of invoking state secrets to hide the reprehensible history of torture, rendition and the most grievous human rights violations committed by the American government. This is not change. This is definitely more of the same. Candidate Obama ran on a platform that would reform the abuse of state secrets, but President Obama’s Justice Department has disappointingly reneged on that important civil liberties issue. If this is a harbinger of things to come, it will be a long and arduous road to give us back an America we can be proud of again.
-Anthony D. Romero, Executive Director of the ACLU via ABC News (emphasis mine)
The Obama administration‘s aggressive, full-scale whitewashing of the “war on terror” crimes committed by Bush officials is now complete. Thursday, Attorney General Eric Holderannounced the closing without charges of the only two cases under investigation relating to the UStorture program: one that resulted in the 2002 death of an Afghan detainee at a secret CIA prison near Kabul, and the other the 2003 death of an Iraqi citizen while in CIA custody at Abu Ghraib. This decision, says the New York Times Friday, “eliminat[es] the last possibility that any criminal charges will be brought as a result of the brutal interrogations carried out by the CIA”.
…the Obama administration has embraced rendition — the practice of holding and interrogating terrorism suspects in other countries without due process — despite widespread condemnation of the tactic in the years after the Sept. 11, 2001, attacks.
The State Department on Monday reassigned Daniel Fried, the special envoy for closing the prison at Guantánamo Bay, Cuba, and will not replace him, according to an internal personnel announcement. Mr. Fried’s office is being closed, and his former responsibilities will be “assumed” by the office of the department’s legal adviser, the notice said.
The announcement that no senior official in President Obama’s second term will succeed Mr. Fried in working primarily on diplomatic issues pertaining to repatriating or resettling detainees appeared to signal that the administration does not currently see the closing of the prison as a realistic priority, despite repeated statements that it still intends to do so.
Mr. Fried will become the department’s coordinator for sanctions policy and will work on issues including Iran and Syria.
The announcement came as Khalid Shaikh Mohammed and four other Guantánamo Bay detainees facing death penalty charges before a military tribunal over the Sept. 11 attacks made their first public appearance since October on Monday, sitting quietly in a high-security courtroom at the naval base in Cuba as pretrial hearings resumed. A closed-circuit feed of the proceedings was shown at Fort Meade.
–NY Times (emphasis mine)
Despite promises to close Guantanamo Bay, Washington is now preparing to invest tens of millions into renovating the controversial facility’s infrastructure.
The Pentagon is planning to install a $40-million fiber optic cable at Guantanamo, and the base’s commanders say such a long term investment in infrastructure makes sense only if the US intends to continue operating the base.
Invasion of Privacy Overseas
Known as the Foreign Intelligence Surveillance Act, the law allows the government to monitor overseas phone calls and emails without obtaining a court order for each intercept.
-Associated Press via ABC News
Invasion of Privacy Domestically
Under construction by contractors with top-secret clearances, the blandly named Utah Data Center is being built for the National Security Agency. A project of immense secrecy, it is the final piece in a complex puzzle assembled over the past decade. Its purpose: to intercept, decipher, analyze, and store vast swaths of the world’s communications as they zap down from satellites and zip through the underground and undersea cables of international, foreign, and domestic networks. The heavily fortified $2 billion center should be up and running in September 2013. Flowing through its servers and routers and stored in near-bottomless databases will be all forms of communication, including the complete contents of private emails, cell phone calls, and Google searches, as well as all sorts of personal data trails—parking receipts, travel itineraries, bookstore purchases, and other digital “pocket litter.” It is, in some measure, the realization of the “total information awareness” program created during the first term of the Bush administration—an effort that was killed by Congress in 2003 after it caused an outcry over its potential for invading Americans’ privacy.
But “this is more than just a data center,” says one senior intelligence official who until recently was involved with the program. The mammoth Bluffdale center will have another important and far more secret role that until now has gone unrevealed. It is also critical, he says, for breaking codes. And code-breaking is crucial, because much of the data that the center will handle—financial information, stock transactions, business deals, foreign military and diplomatic secrets, legal documents, confidential personal communications—will be heavily encrypted. According to another top official also involved with the program, the NSA made an enormous breakthrough several years ago in its ability to cryptanalyze, or break, unfathomably complex encryption systems employed by not only governments around the world but also many average computer users in the US. The upshot, according to this official: “Everybody’s a target; everybody with communication is a target.”
For the NSA, overflowing with tens of billions of dollars in post-9/11 budget awards, the cryptanalysis breakthrough came at a time of explosive growth, in size as well as in power.
Indefinite Detention Overseas
For several decades, the US government – in annual “human rights” reports issued by the State Department (reports mandated by the US Congress) – has formally condemned nations around the globe for the practice of indefinite detention: imprisoning people without charges or any fixed sentence. These reports, said Secretary of State Hillary Clinton in her preface to last year’s document, are grounded in the principle that “respect for human rights is not a western construct or a uniquely American ideal; it is the foundation for peace and stability everywhere.” That 2011 report condemned numerous nations for indefinite detention, including Libya (“abuse and lack of review in detention”), Uzbekistan (“arbitrary arrest and detention”), Syria (“arbitrary arrest and detention”), and Iran (“Authorities held detainees, at times incommunicado, often for weeks or months without charge or trial”).
In Afghanistan and Iraq, the US government is engaged in a fierce and protracted battle over the fundamental right to be free of indefinite detention. Specifically, the US is demanding that the governments of those two nations cease extending this right to their citizens. As a Washington Post article this morning details…
The Obama administration not only continues to imprison people without charges of any kind, but intended from the start to do so…
Violating Religious Liberties, Undermining State Sovereignty, Underwriting Abortion, Etc.
…more than 30 cases have been filed challenging Obama’s health care law, with 28 states as Plaintiffs.
Jimmy Carter’s Op-Ed
Revelations that top officials are targeting people to be assassinated abroad, including American citizens, are only the most recent, disturbing proof of how far our nation’s violation of human rights has extended. This development began after the terrorist attacks of Sept. 11, 2001, and has been sanctioned and escalated by bipartisan executive and legislative actions, without dissent from the general public. As a result, our country can no longer speak with moral authority on these critical issues.
While the country has made mistakes in the past, the widespread abuse of human rights over the last decade has been a dramatic change from the past. With leadership from the United States, the Universal Declaration of Human Rights was adopted in 1948 as “the foundation of freedom, justice and peace in the world.” This was a bold and clear commitment that power would no longer serve as a cover to oppress or injure people, and it established equal rights of all people to life, liberty, security of person, equal protection of the law and freedom from torture, arbitrary detention or forced exile.
The declaration has been invoked by human rights activists and the international community to replace most of the world’s dictatorships with democracies and to promote the rule of law in domestic and global affairs. It is disturbing that, instead of strengthening these principles, our government’s counterterrorism policies are now clearly violating at least 10 of the declaration’s 30 articles, including the prohibition against “cruel, inhuman or degrading treatment or punishment.”
Recent legislation has made legal the president’s right to detain a person indefinitely on suspicion of affiliation with terrorist organizations or “associated forces,” a broad, vague power that can be abused without meaningful oversight from the courts or Congress (the law is currently being blocked by a federal judge). This law violates the right to freedom of expression and to be presumed innocent until proved guilty, two other rights enshrined in the declaration.
In addition to American citizens’ being targeted for assassination or indefinite detention, recent laws have canceled the restraints in the Foreign Intelligence Surveillance Act of 1978 to allow unprecedented violations of our rights to privacy through warrantless wiretapping and government mining of our electronic communications. Popular state laws permit detaining individuals because of their appearance, where they worship or with whom they associate.
Despite an arbitrary rule that any man killed by drones is declared an enemy terrorist, the death of nearby innocent women and children is accepted as inevitable. After more than 30 airstrikes on civilian homes this year in Afghanistan, President Hamid Karzai has demanded that such attacks end, but the practice continues in areas of Pakistan, Somalia and Yemen that are not in any war zone. We don’t know how many hundreds of innocent civilians have been killed in these attacks, each one approved by the highest authorities in Washington. This would have been unthinkable in previous times.
These policies clearly affect American foreign policy. Top intelligence and military officials, as well as rights defenders in targeted areas, affirm that the great escalation in drone attacks has turned aggrieved families toward terrorist organizations, aroused civilian populations against us and permitted repressive governments to cite such actions to justify their own despotic behavior.
Meanwhile, the detention facility at Guantánamo Bay, Cuba, now houses 169 prisoners. About half have been cleared for release, yet have little prospect of ever obtaining their freedom. American authorities have revealed that, in order to obtain confessions, some of the few being tried (only in military courts) have been tortured by waterboarding more than 100 times or intimidated with semiautomatic weapons, power drills or threats to sexually assault their mothers. Astoundingly, these facts cannot be used as a defense by the accused, because the government claims they occurred under the cover of “national security.” Most of the other prisoners have no prospect of ever being charged or tried either.
-President Jimmy Carter via NY Times (emphasis mine)
(Keep in mind that this is the democrat whose administration, according to Hilary Clinton, founded al Qaeda to stave off the Soviets. See “Obama’s Support of Terrorism“.)